THE OMAHA DAILY BEE: TUESDAY, MAY 26, 1903. 3 4 f RELBY QUESTION'S SIBLEY Triei t Show He it Uot a Slipper nd Has Ho Right to Complain. HHGHi TEJLITTC MEN TESTIFY MlwAiri Pnrlae Read Asks the Ptata Beard Rflarr Ik Awmtil Made an that l ine Last Year. (From a Staff orrespondent ) LINCOI-V. Neb.. Way J5 (Special T?le grsm.) Pnator C. A. BIMey, complainant In the grain rate ti against the Burling too road. u todsr cross-examined by General Solicitor J. K Kelby, who sought to show that the complainant had never hipped train over any railroad and Is therefor not entitled under the Aldrtch bill to complain as an Interested party. Ths witness said he never shipped, but old grai nto local elevators. The railroad attorney showed that train at Senator Sib ley's home was 14 cents lower ten days after the the. Aldricb bill reducing freight rates U per cent went Into effect. It was alleged by the roads that If the complaint asking- for another reduction of 15 per cent Is sustained grain rstes will be lower In Nebraska than In Kansas. Senator P-thley said he thought the rates ought to bo about the same In these states, but possibly wheat rates In Nebraska ought to be a little lower than In Kansas. The witness denied that any member of the commission had requested him to file the complaint. Secretary McVann of the Omaha, Oraln exchange corrected' his former testimony regarding rates In Kan sas and Nebraska from Nebraska points, taeaa ralata Oat Error. C. E- 5 pen, general freight agent of the Burlington road west. of the Missouri river, spent the greater part of the afternoon pointing out mistakes In the tabulated ratea and -comparisons offered at the previous hearing by Mr. Sibley. He contended that rates are made by competition In many Instances, and such rates are often non compensatory, and' should not be used as a basis for remunerative rates. Ha said rates re made by railroad men not upon a scien tific basis, but upon experience and to meet conditions. General Freight Manager Monroe of the Union Pacific testified on behalf of the railroads agslnst a n increase In ratea. Jf. W. Welch, a grain buyer of Deweese. was a witness for the railroad company. He as Id If the Burlington did not meet competitive rates to Kansas City he would hive to go out of business, because his elevator and on other In the town depended on the Burlington for shipping facilities and upon Kansas City for the market. He said eight cars shipped by him to Omaha did not bring aatlsfacLory results. The hearing will continue tomorrow. Railway Commissioner Clarke recently recommended the placing of an agent at the town of Crook st on by the Northwestern road. General Manager Walters has con sented to put sn sgent on duty not later than June L Commissioner Clarke also recommended the maintenance of an agent at the station of Georgia during the busy season, possibly three months In the year. Mlussrl Parlfle Asks Decrease. A. RN Talbot, attorney for the Missouri Pacific road, thla afternoon asked the Elate Board of Assessment to reduce his company's valuation In thla state 3 per cent for purposes of taxation. The board listened to other railroad men on valua tion. I.eae Track f Taylar. Detective W. A. Bentley, who was at Otters written by Bert. Taylor the allaged murderer of ' his little . sister-in-law to Deputy Sheriff Wyatt of Kearney county. While these letters are not signed by the name of the writer there Is no question of their genuineness. The efforts of Taylor to throw "the crime on another man. so called double. Is ridiculed In Mlnden, no stock b'.ng taken In the story that Taylor relates I nhla first letter of a "double" committing the crime out of revenue and of the relentless pursuit of this double by a wronged and Innocent man. Mr. Bentloy found ths feeling very bitter at Mlnden against him and ha would receive no mercy mm AND A WOMAN'S WORK 0. Nature and a woman's work com bined have produced th frrandest remedr for woman's ills that the world naa ever know.. In th rood old-fashioned days of our grandmothers they relied upon the roots and herbs of the field to cure disease and mitigate stifle ring. The Indians on our Western Plains to-day can vroduoe roots and herbs for every ailment, and cure diseases that baffle the most skilled physicians who have spent years in the study of drv?s. From the roots and herbs of the field Lydia E. llnkham more than ' thirty yearn ago gave to the women of the world a remedy for their pe culiar ills, mere potent and effica cious than any combination of drugs. Lydi E. PLlkham's Vegetable Compound is now recognized as the standard remedy for woman's ills. Mr. Bertha Muff, of CIS Sf.G St, Louisiana, Ala, writes : Complete restoration to health means ao much to km that for tha sake of other aaSering women I aim willing to make my troubles public . "For twelvo year I had been enffcr lag with tha worst forma of female ilia. Caring that time I had eleven different hhyaUiana without help. No tongue s a tall what I suffered, an J at tinea I er-uld hardly walk. About two yearn ago 1 wrote Mr. Pinkham for advice. I followed it, aad can truly say that Lydia E. Pink ham's Wjjretabla Com pound and Mrs. Pinithatit advice re ;Wred health and strength. It ia Tvorta nsountaiDS of gold to suffering women.' ' What Lydia E. rinkhani's Vege table (npouud did for Mrs. Mull, do lor other auCehAg women. if if m If he should fat) Into tha hands cf wrath ful cttisens. I- A. Dasher, a cltlsen of Minden, who was commissioned to act as sn officer In pursuit of Tsylor. returned this morning after an unsuccessful effort to ftnd his man at Wichita. Mr. Dasher, who dropoed Into the office of Mr. Bentley between trains, said that Taylor has been positively traced to Enid. OkL He arrived there May . remained drunk for two daya and left Enid. May 14. On the day he departed, Taylor asked for employment at a paint and paper hanging establishment and waa turned down. After he left Enid on the date named he waa seen no mora. The eeo ond letter written by Tsylor to Deputy Wyatt on May 8 had Wichita printed on tha envelope In which the letter was en closed. This had caused the officers to look for him at Wichita, though It was realised that the clue might not be a genuine one. The alleged murderer la partly of Mrxl can blood and Is able to spesk Spanish fluently. He wss once in the restaurant business In Mlnden and after he sold out he was employed as a watchman. At ona time Taylor tried to play detective, but he waa not successful. He wss regarded as a would-be sleuth and ha did not last long at the detective stunt. On the envelope In which was enclosed the first letter sent by Tsylor to Deputy Sheriff Wyatt was printed a request that If it was not called for within ten days to return to Arkansas City, the name of the penison the letter was to be returned to being left blank. The envelope of the sec ond letter contained the same Instructions, except that It waa to be returned to Wichita. The name of the sender was also left blank. COMMENCEMENT AT CH.IDROK Claaa ef Twelve Was Grades ted Friday Eveslas, CHADRON. Neb., May 25. (Special.) Friday right closed the exercises of com mencement week of the Chgdron High school. There were twelve graduates: Bertha Hutton, Myrtle Perry, Carrie All- berry, Freed a Hartxell, Annette Brlndley, Jessie Combs, Flora Daboll. Winifred Fisher, John Goodnough, Harry Cooley, Lloyd Moorman and James Blanchard. The speaker from abroad was N. W. Gains of Lincoln, and his subject was "New Wine In New Bottles." His lecture entertained and Instructed and wss well received. Prof. Walton, superintendent, as well as Principal Williams and Assistant Principal Cole, have all been re-elected for the en suing year at an Increased salary, allow ing how well their work Is appreciated. SUTHERLAND. Neb.. May St. Special.) The commencement exercises of the Sutherland High school were held at the opera house Saturday evening. The gradu ates were Misses Ida Harvey and Glenna Shoup. The principal address of the even ing was by Prof. Delsell of Lexington, and the diplomas were presented by County Superintendent Ebrlgbt of North Platte. Irrlarntlaa la Dandy Caantr. BENKELMAN. Neb.. May 25. (Special. On the farm of Charles H. Richardson, six miles southwest of Bcnkelman, men have been working for several days to Install an Irrigation system supplied with water se cured from a well. The well la located on the second bottom of tha south fork of the Republlcsn river, and la thirty feet deep, with seventeen feet of water. The doubt of the experiment rested In the ca pacity of the well to furnish sufficient water to supply a pump throwing 1.000 gal lona of water a minute, propelled by an elght-horse-power gasoline engine. Saturday after repeated efforts, each cne of which, however, waa nearer auccesa then the former, the pump waa started with a ca pacity of drawing T50 gallons per minute, and It was run for two hours with no cessation In the water supply. This sys tem Is Intended to Irrigate forty acrea of land from this one well, and its success meana that Mr. Richard eon will at once Install several more pumps on different sites on his farm, put his engine on a movable platform and In this way Irrlg-ate several hundred acrea from a half dozen wells. The system will prove a great boon to farmers In thla country, as tha coat of In stalling ona of these plants, sufficient to Irrigate eighty acres, will not exceed 1700 or two. There Is an abundance of sheet water all over the country. Several farmers living south of the river and also north. In tha sandy loam soil region, are making arrangements for Installing Ilka plants. Flead saheldee at Hasaholdt. HUMBOLDT. Neb.. May 26. (Special.) Humboldt again has water and light after a period of darkness resulting from tha flood, and If no mora storms eusue business will proceed a usual. The high water from Long Branch flooded the en gine room at the lighting plant and it became necessary to cut tha big belt and take It off to prevent Its destruction by the water, and repairing and replacing this after tha engine room bad bceu cleared out took three daya, the lights going on' Saturday evening. fait the same waters flooded the city rvmplng station and filled the quarters with mud to such an extent flat It took longer to clean P this place than tha other. Tha eupply cf water In tta standplpe was al ready vcey low whan the rain oame. owing to the previous muddy condition f the water at the Intake. Tha eupply 'u soon exhausted and the mains In Use upper part of tha city were drained dry long before night set In. Fortunately, however, tbe pumping waa resumed be fore the lighting plant had exhausted tha supply In the lower matna and every thing la In good shape again. Friday night's rain brought tha south fork of tha Ne maha out of Us banks yesterday, but it la not thought the damage will bo as ex tensive as along the north fork, where It la now conceded tha water was higher than ever before. Foresters at FreneaL FREMONT. Neb.. May It (Special.) Tha rain did not keep tha Catholic Order of Foreaiera from, attending the celebration of the silver anniversary of the order In good numbers. A special train was run from Lindsay bringing: In over 100. Tbe Foresters attended solemn high maaa at St. Patrick s church at 10J. At IM thla afternoon a large class of candidates from different towns In the vicinity were Initl sled Into tha order at Fowler hall. A team from Omaha did the work. A banquet was field this evening- which taxed the capacity of the halL Leo Hoffman of this city (resided as toastmaster. and the fol lowing toaata were responded to: "Fra ternal Beneficiary System. J. W. Martin state chief ranger. Omaha; "Christian Ed' uratlon, Rev. J. J. O'Sulltvan, state spir itual director, Fremont; Catholic Frater aallam, J. M. Maher. state treasurer, Fremont: "Why tbe Catholic Order of For esters Wme GisuiU," John ttauerman. Columbus; The Church and Catholic Or ders." Rev. Fred Bchnetgen, Howella. Train Service Back Again. ELGIN. Neb.. May S. (Special.) The Chicago A- Northwestern railroad haa re sumed running the Saturday and Sunday freight trains from Oakdala to Fremont, which they took off kkm tuna ago and which caused considerable discussion. Tbe matter was taken up with the State Rail way commission, which resulted In getting tha trains back. Announcements, wedding stationery and calling cards, black book and snagaslae binding, rnoao uoug. in, a. i. Boot, Inc. COLLISION MAR WYMORE Burlington Freight and Pruiengtr Trains Come Together. ENGIXIZS DIES OF INJTML3 Another la Fi-eteakly Fatally Hart and Mall Clerk and Flre- I naan Snatnln Severe Injnrles. WYMORE. Neb.. May 25. (Special Tele gram.) One man waa killed and three seri ously Injured whan Burlington trains NO. and No. 14. freight and passenger, re spectively, collided head-on at Reynolds, a small staUon west of here, this morning at 4 o'clock. The dead: ENGINEER L. N. FINLET. scalded over greater part of body, left leg SDd loot cooked. The Injured: D. O'Donnell. burned about lower part of body, legs seal led. two lacera- tiona on rignt side oi neaa. one irautur iu mil. hut not driving it in. Fireman John Hill, severely mashed foot and otherwise injured. Kxpresa Weaeenger tr.Bnms. comusea Isreratlon over right side of forehesd. Mail Clerk D. E. Hnllinser, contused foot through metacarpal region. W. M. Klrkpatnck, rtiwinir, severe con. tusion over crest of left tibia In lower third, recroiwes following fracture twenty-five yesra ago, and lout much of tibia, and leg atl'.l sore; comrllrstions msy result. r. ti. v, coo. mni srrein or r.m riuuw. Nelson Merryman, right hip bruised. Six-vear-old child of J. 8. Cain, cut ovet right "eye and forehead swelling. Blame for the accident lies with tha crew of the freight train. They were sup posed to wait at tbe first station east of Reynolds until the passenger, which was the Denver and Mr-Cook fiver, had passed. Instead of doing this the freight crew at tempted to reach Reynolds and wait there for the passenger. Engineer O Donnel read his watch an hour ahead of actual time and the mistake had been discovered and the train of sixty- five cars was backing when the passenger struck It. Both engines were turned over. Engineer Flnley lay under his engine over two hours before ha could be gotten out. The mall car was turned crosswise of tbe track. The smoker was turned over and the chair car derailed. The sleeper kept the track. A number of box cars were smashed. A special from here brought In the In jured men, who live here. Also two pas sengers of No. 14 were brought In. they trying to make connections east. The other passengers refused to leave tha train and were brought back to the main Una here by way of 8trang and DeWltt. The bag gage man and mall man were taken to Oxford, where they live. This train reaches here about TO:30. A wrecker from Lincoln left here for Reynolds about 11 o'clock. Engineer Leonard Flnley was 42 years of age and leaves a wife, two sons and a daughter. He had been In tha service of the Burlington here for twenty-one years. Cat an Interarbaa Ratea. TORK. Neb.. May 2S. (Special.) Since the Bee son Insurance agency, a fire Insur ance rating agency for the state of Ne braska, notified the Tork Inruranoe agents that rates were all off and that no board rates for risks In York and other cities in the state would be furnished, there haa been a merry Insurance war among the York fire Insurance agents. Ratea on sew dwellings have been reduced from ti.20 per each tlOO Insured to 90 cents. Tor- rado rates are only SO cents for five years, which Is a re duction of 80 per cent over the former rates maintained by local Insurance or ganisations. York is fortunate In having Bo fire lossee. Its volunteer fire department Is one of the best In the United States and even st the low rates insurance Is written it is believed that fire Insurance companies doing business In York will show a nice credit at the end of each year. Far Fast the Centary Mark. HASTINGS. Neb.. May 5.-Special Tele gram.) Mrs. Clara Dawson Bailey, colored, yesterday celebrated her lOSth birthday an niversary. She was born In slavery at Richmond, Va. during the administration of John Adams. She was given a flag yesterday by the Woman's Relief Corps, a silver offering of 2S. taken up In the Con gregational church during Grand Army of the Republic memorial services, and several packages of tobacco. They were presented to her by a specially appointed committee. She smoked In the presence of her visitors and thanked them between puffs. She en- Joys good health despite her advanced age. She doesn's remember a day when she has not smoked. The date of her birth Is well authenticated. JJTarsner'a Xrrw Escape. IZXIAR. Neb.. May 25. (Special.)-! Charlea Smith became entangled In the tumbling ahaft of a corn aheller Saturday ana naa n not oeen lor me quica action of his son. who was driving the horses n the power, he no doubt would have met a terrible death. Mr. Smith threshed a bunch of chaff from under the rod and In ao doing his clothing caught on the rod, and In an instant he was wound Into the shaft- Ills son saw the danger and quickly applied the brakes and stopped the ma chine, but not until Mr. Smith's clothing A Most Valuable Agent. The glycerine err. ployed In Dr. Pierce "l medicines grealiy enhance the medicinal properties which It extracts from nativa medicinal roots and holds In solution much better than alcohol would. It al?o possesses medicinal properties of lu own, being a valuable demulcent, nutritive, antiseptic and antifennent It adds great! j to the efficacy of the Black Cherry bark, BloodroocVolden Seal root. Stone root and Queen's root, contained la Golden Medical Discovery " In subduing chronic or lingering coughs, bronchial, throat and lung affections, lor all of which these af enU ar recommended by stand axd medical authorities. In all cases a hers there is a waiting away of Cash, loss of appetite, with weak tomrsfh, st in tha early stages of con sumtjlifca, there can be no doubt that gly cerloeacis as a valuable nutritive and Ids jm Ooiden Seal root, atone root, jue roi l and Black Cherry bark la t'TOOi igestton and building up tha enth. controlling tha eoush firth Si: and brin g about a healthy condition c( the w .e STttem. Of course. It mut not be e ted to work snlraclea. It w ill sumption except la Its earlier not cure Stages, ft will cure wrv severe rW;. rest .fc' ,ii ' ( fidLItr-T' '"' i"' ialiJLkt4i V i il y ' " i .fer.e 1 Q aculc cJZVII Iti.iivisoeiretLie: ITls la the lingering bang-on eo-oghs, or those of long standing, ven when accompanied by bleeding from ttzi it has csffsrsol lu juumi marvelous cure. i: Fjttley.tafwood, M. D., of Ben Hell Med. College, Chicago, says of gly cerine: If drspepsit serves an excellent porpose, Koiduig a tued Quaauiy of toe peruxkle of hidnweo ta suluuon. It ts one of tbe btt SLaaufai-tared prwia,-u of the prm nt time ia lu acuun upon enfeebled, dlaonlered aiost-n-a, especially If there ta uVeraUus or ca tarrhal saxu-iils (catarrhal InnajaaiaUun of eion.fc.-iii. It is a bum eoicieat prvparaiLuo. Oljrrertns will relieve nanraaeof prrusis iueaniMirnl aid aaceaaiva gaatflo ttv-nia- ij avian." fcolden Medical rteoovery anrtcbes and tartSea the Uoud run us bloacLra ptmiMea, erupuuna, scruttfiou sweUlags aad old sun r uWrs, eead to Dr. B. Y. Tfterca. of Baffalo. It. T. tor tree booklet telling all about tbe native saedirioai rMs cotnxmaiiig this nsafcfeartul nlu.-itie. taara is w anxXt la IV was torn Into shreds. Ha suffered a broken rib and his body vac badly lacerated. Warren Deals Betas; DenaL HASTINGS. Neb, May 25. Special Tele gram.) George Warren of Hot Spring. 8. D, formerly a resident of Hastings, who waa reported dead In a hospital at Hot Springs. 8. D.. on February IS last, sur prised his friends by appearing before them today. He was unable to account for the report received here and which resulted In the publication of extended obituary notices In the local papera He was tem porarily In ths hospital, but he says his condition was never aa bad as reported. Ttebraana, Sews .fete. BENEDICT The Lock rid re township base ball team played a match game of ball with the Benedict nine and won by a core of ! to t TORK York, 2 to , was the score at the finish of the ninth Inning between York and Gresham base bail teams. It waa a pretty game throughout. REPUBLICAN CITY This section Is be ing benefited grestly by a rain that beaan to fall last night and has kept It up all day. Crops of all kinds are looking good. BENKLEM AN There was a heavy fall of rain in this section Saturday night and Sunday morning, estimated at about one Inch. Aa corn planting has been finished, its value to the farmer la great. REPUBLICAN CITY The Grand Army of the Republic and Women's Relief Corps have a program prepared for Memorial day. Rev. P. C. Johnson, chaplain of the state penitentiary. iH deliver an address. H A R VA RD The Jewelry stock of L. A. Soper was sold last Saturday under an order of bankruptcy proceeding, the stock having been bought by Mr. Weaver, a Jeweler of this cltv. while the fixtures were bid in by C. E. Gaddia. BROKEN BOW A refreshing rain com menced falling here yesterday morning and lasted nearly all day. The ground haa been In a dry condition for over a week and needed the moisture badly. .Nearly an inch of water waa measured. ELGIN The Chicago Northwestern rail road has men at work putting In a new brick platform at the depot and also lower ing the building so that the platform ran be constructed In sceordance with the rul ings of the State Railway commission. ELGIN Memorial exerclsea were held yesterday at the Methodist Episcopal church. Rev. P. F. WIgton preached the sermon to a well filled house. The local Grand Army of the Republic have made arrangements for the proper observance of Decoration day . ' PLATTSMOUTH Dr. A. A. Randall, the pastor, preached the memorial sermon In the First Methodist Episcopsl church In this city Sundsy. The Grsnd Army of the Republic and the Women's Relief Corps sttended in a body. The Presbyterian and Christian churches united In the services, which were largely attended. PLATTSMOUTH Attorney S. H. Qelst hardt of Lincoln and Attorney Fred H. Free of Plalnvlew, were taking deposition In district court Mondsy In the settlement of the estate of John Behn. who formerly resided near Cedar Creek, but removed to Plalnvlew. where he fell from a wagon and waa killed two years sgo this month. The two heirs reside in Germany. FAIRBURY Secretary F. L. Rain of the Falrbury chantauqua haa Issued the pro gram for the fourth annual meeting, which will be held at the chantauqua ground, Auguat 14 to 3, Inclusive. The list of talent engaged embraces the best obtsln able and oovers a wide range of topics and attractions. The politics! field will be covered by Hon. Champ Clark of Missouri, and Hon. James E- Watson of Indiana. BROKEN BOW Tha high school com mencement exercises, given at the opera house, were psrtlcularly elaborate this yesr; every member of the clsss of '4 prominently contributing to the success of the occasion. The class motto: "To Fail Is Un-American." was In evidence every where, and from the energetic manner In which the young students handled their subject. It waa quite clear that the ma jority of them intended starting out with that motto aa their standard. PLATTSMOUTH In this city. In the dis trict court Monday, in the mandamus suit brought by John Waldron and Martin L Williams against Peter A. Jacobeen, James P. Ellis and William Wade asking the re spondents to declare the result of the last election in Louisville end to declare the re lators duly elected. Judge H. D. Davis re fused to grant the mandamus, and Louis ville still remains "dry." Judge A. J. Bee son in county court ia tihs city will now inquire mto and dwll'mlm was elected, which will decide whether the village will remain "dry" or be "wet." HARVARD Rain Jegan falling lightly early yesterday morning, continuing at In tervale during the day, and to some ex tent this morning, the aggregate fall being close to three-fourths of orje Inch. The condition of fall wheat, la much better than at this time last year and with oc casional rains for maturing the heads that are fast putting out, a good harvest may be relied on with no unforeseen conditions to destroy crop. The fruit conditions have somewhat improved during the past two weeks, and a small amount for family use of all kinda seem now assured. NEBRASKA FROM DAY TO DAY Qaalnt and Carlaaa Fentarea of Life In a Rapidly Grawlagr State. He's Been There The best student does not always get the most flowers. St- Paul Republican. Proud I hste to brag of my editorial ac complishments, but I had peas In blossom Tuesday. Anybody In town beat that? Madiaon County Reporter. Southeast of 7ft. 8. V. P.-A Norfolk woman got an Invitation this week. Down In the corner was the word "Kensington. "What part of town is that?" she asked a neighbor. Norfolk Newa A Real Grievance We heard a girl of this city recently register a kick because the screens were taken out of the saloons, and for a good and sufficient reason, too. Those screens all have mirrors In them, and whenever she passed them she always looked In to sea If her hat was on straight or not and now she cannot do that. Get out a remonstrance and have them put back: Schuyler Free Lance. Chief Responded Chief of Police Schack wee called to No. 1 engine house Tuesday by a tap of the fire bell, and on reaching there found Mrs. George Mostek. who wanted him to lock up her husband, as she said he was abusing her. The chief compiled with her request, but later she refused to prosecute. The affair grew out of family trouble, and one was In all prob ability as much to blame as the other. Columbus Journal. Bellwood. You're oq a Lost Trail Tell me, ye winged winds that around my path way roar, do you not know some quiet spot where wires clean bouse no more; some lone sequestered dole, some Island, ocean girt, where life la not one ceaseless war with cobwebs and with dirt; where only nature's carpet spreads beneath their tired feet, and wretched men are ne'er compelled Its emerald to beat? The lake breeze fanned my heated face and said, beat on; there's no such place. Bellwood Gasetta. Up the Ladder Will Wiggins came up from Lincoln last Friday and remained until Monday, when he returned to the penitentiary not as a convict, but to re sume his position as bookkeeper and man ager of the storeroom In the broom depart ment. Will la one of the Genoa boys who has made good. He worked as a section hand to get money to secure a commercial education, and Is now reaping his reward by holding a responsible palilon at good wagea Genoa Times- A Tatal Eellpsa of the functions of stomach, liver, kidneys and bowels Is quickly disposed of with Electric Butera. 5ic, For sale by Beaton Drug Co. British Aautear Gaif. SANDWICH. England, May S. Play in tha bntian amateur gulf cnair.ptonahip eon teat opened here today. S L. Yaw cf PnilaaelT-iiU beat Eric HtmW Eos land, at IM alMUauLa hole aXUr a tie. COMMERCE COMMISSION CASE Judge Mung-er's Baling in Union Pa-cific-Merriam & Holmquist Suit. RAILROAD CLAIKS NO ACTION Files Deaaarrer to Thla Effect and It la Overrated by ne Federal Co art and the Cnse la Transferred. Judge Munger handed down a memoranda opinion Monday morning In which he over ruled the demurrer of the Union Pacific Railroad company to the petition of the Merrlam at Holmquist Grain company for damages In the sum of tl7.3TC.12 for dis crimination In elevation charges. The de cision Is based upon the ground that the case Is one for the consideration of the Interstate Commerce commission. The rail road company ia given twenty days to an swer if it so desires. The action is brought to recover dnrr.aees cUeged to have been sustained by the Mer riam A Holmquist company. First, on ac count of .diacrlmlratlon charged to have been practiced by the railroad company against the plaintiff in that the defandant paid to certain competitors In the grain business certain elevation charges, and thit tha business between the grain company and the railroad waa conducted under cir cumstances and conditions similar to the business between the railroad company and the competitors of the plaintiff, hence that the payment of such elevation charges was In effect the payment of a rebate, and the plaintiff asks for Judgment in that amount, C7.352.12. Second, that by reason cf auch discrimination and payment of rebates the plaintiff waa placed at a disadvantage with Its competitors In the purchase of grain In the markets. Third, that by rea son thereof the plaintiff was unable to buy the amount of grain It would have been able to buy and thereby lost large profits to the amount of the damages claimed. Denies the Jarladlet Ion. Tbe railroad filed a demurrer on the ground that on does not state a cause of action. In the opinion Judge Munger says: "The court Is of the opinion that when It becomes necessary to determine whether a rebate paid to one shipper as an elevation charge under conditions which are not sim ilar to the conditions under the elevation charges are refused to another, a discrim ination la shown, and is it a question which Good-naturedly go after the Cook If the Postum is weak Insist that it be boiled, as per directions on pkg. (That's easy.) Then you have a dark, rich breakfast beveragei heavy in nour- ishment and the old aches and ails from coffee disappear "There's a Reason" for a. - 42e "MBugs the Interstate Commerce commission Is given exclusive Jurisdiction to determine and It may be that If upon the trial of ths case It should appear that the condition! are not similar. Under such circumstance! the demurrer Is overruled, to which the de fendant excepts, and the defendants aro given twenty days to answer If they so desire." CHEAP P0WERF0R OMAHA Colonel Power Says English Capital Will Pipe Wyoming Oil to Omaha. "The Importance of these great fields of oil said by experts to be Inexhaustible, Is marvelous," salliColonel Bower at the Rome hotel to a reporter for The Bee. "You have here packing houses, smelters, manu factories, electric light and power compan ies, gas companies and many other great enterprises all big consumers of fuel. You also have to pay a high price for all your coal. Right) In Omaha we have found a vast field for the sale of the Wyoming oil and the territory to which It will be dis tributed from Omaha Is almost limitless. Also St have a continuous slope front the fields to Omaha, an ideal territory through which to lay the pipe line tl miles long to carry the oil right in to Omaha. Be hind us we have the enthusiastically fav orable opinions of the greatest experts in the world on oil and also an almost limit less capital. Tou can see the probable re sult. - "Sir Boverton Redwood of London, expert In the government has examined the fields and has written a report on them which Is wonderful in the complete endorsement he gives the quality of the oil and the vast nesa of tbe supply. Dr. Poro, oil expert In Europe, haa written a report which !s r-rj less marvelous than the Redmood report. Since last January the celebrated engineer, E. Walden Vincent, has experted the fields and he haa gone west with our party to take them over the fields. "Prof. C. C. Knight, formerly of the University of Wyoming, was perhaps first to recognize the value of these fields. Frank Murphy of the city drilled the first well twenty-five yrars ago. Associated with him was Edward Rosewater, who recognized their importance and who was chiefly Instrumental In getting through th Nebraska legislature a bill giving right of eminent domain to a pipe line across Ne braska. But this thought waa In advance of the times. "The oil In the Lander field la a fuel oil, with a heavy asphalt base. The field is large. Every year the wells overflow Made by Postum Cereal Co., Ltd.ta0attle Creek, Mlchs 1! F 1 - eaosFfC0 - i J 1 Gold MedalFlou $t$v& about 600.OKV barrel, which has to h burned to keep It from running Into the 1-opoegle river and ruining the irrigated farms along that stream. "Fifty-five miles north of Casper are the Power River and Salt Creek fielda. The oil here Is Illuminating oil, with a parrafin base. This oil also makes- the finest lubricant In the world. Twen'y bar rels were shipped to Genevs. Switserland, to the big watch and clock trorkr there. There are sixty-eight wells In this district. 'Until the completion recently of the new Northwestern line the nearest railroad t- the fields wss IX miles away. Now wa are building a pipe line nine miles long to the Northwestern traok a mile and a half from Lander, and there the raUroaJ will provide tank rars and all the equip mtnt. Within ninety days the first oi will be on the market In Omaha. "There is no doubt In the world that C pipe line will be built into Omaha. Seven hundred miles Is no length at ail for pipe line, especially through a country s admirably adapted to laying the line. Ot . course, the refineries will follow naturally." BIG BOOM IX DEVEl.OPMF.vi Remarkable Activity In Exploltlai Ilraoarrea In Wyoming. Wyoming is having a great boom anf capitalists from all over are flocking thert to put money In to the development cf tht resources of the state. The party of capital, ists which left Omaha Saturday for Lan der to prepare for running a pipe line to Omaha for handling fuel oil was followed Monday by another party of capitalists who are going to Douglaa, Wyo. Mosea Rijur, a New York capitalist, was In Omaba Monday, and left for Douglas, Wyo.. where he will prepare for the de velopment of the gas fields, four miles from that town. He Is president of tho Laperel Oil company which proposes to pipe the gas four miles Into Douglas. "Wyoming Is one of the Coming states of the union and those first in the field are sure to reap the benefits," said Mr. Rijur. "We have a company organized with sufficient capital to carry . on the work which will be begun Immediately. We al ready have contracts for furnishing t'55.0" worth of gas annually to the town of Doug laa for fuel for some new enterprises which will be established there. The work will be begun st once. "Our work is not simply going to be local, as we have arranged to pipe a line from Douglas to the plant of the Colorado Fuel and Iron company at Guernsey. This Is a Gonld enterprise snd we hope to furnish enough fuel gas to run their plants for them." UM